2 FLRA No. 117
VETERANS ADMINISTRATION
VETERANS ADMINISTRATION CENTER
LABORATORY SERVICE
TEMPLE, TEXAS
(Activity)
and
VALERIE GRAVES
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL UNION 2109
(Union)
Assistant Secretary
Case No. 63-8479(CA)
DECISION AND ORDER
ON AUGUST 28, 1979, ADMINISTRATIVE LAW JUDGE WILLIAM B. DEVANEY
ISSUED HIS RECOMMENDED DECISION AND ORDER IN THE ABOVE-ENTITLED
PROCEEDING, FINDING THAT THE RESPONDENT HAD ENGAGED IN CERTAIN OF THE
UNFAIR LABOR PRACTICES ALLEGED IN THE COMPLAINT AND RECOMMENDING IT
CEASE AND DESIST THEREFROM. HE RECOMMENDED THAT CERTAIN OTHER UNFAIR
LABOR PRACTICE ALLEGATIONS BE DISMISSED. THEREAFTER, THE RESPONDENT
FILED EXCEPTIONS TO THOSE PORTIONS OF THE ADMINISTRATIVE LAW JUDGE'S
RECOMMENDED DECISION AND ORDER WHICH FOUND THAT THE RESPONDENT HAD
ENGAGED IN UNFAIR LABOR PRACTICES.
THE FUNCTIONS OF THE ASSISTANT SECRETARY OF LABOR FOR
LABOR-MANAGEMENT RELATIONS, UNDER EXECUTIVE ORDER 11491, AS AMENDED,
WERE TRANSFERRED TO THE AUTHORITY UNDER SECTION 304 OF REORGANIZATION
PLAN NO. 2 OF 1978 (43 F.R. 36040), WHICH TRANSFER OF FUNCTIONS IS
IMPLEMENTED BY SECTION 2400.2 OF THE AUTHORITY'S RULES AND REGULATIONS
(45 F.R. 3487, JAN. 17, 1980). THE AUTHORITY CONTINUES TO BE RESPONSIBLE
FOR THE PERFORMANCE OF THESE FUNCTIONS AS PROVIDED IN SECTION 7135(B) OF
THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1215).
THEREFORE, PURSUANT TO SECTION 2400.2 OF THE AUTHORITY'S RULES AND
REGULATIONS AND SECTION 7135(B) OF THE STATUTE, THE AUTHORITY HAS
REVIEWED THE RULINGS OF THE ADMINISTRATIVE LAW JUDGE MADE AT THE HEARING
AND FINDS THAT NO PREJUDICIAL ERROR WAS COMMITTED. THE RULINGS ARE
HEREBY AFFIRMED. UPON CONSIDERATION OF THE ADMINISTRATIVE LAW JUDGE'S
RECOMMENDED DECISION AND ORDER AND THE ENTIRE RECORD IN THE SUBJECT
CASE, INCLUDING THE RESPONDENT'S EXCEPTIONS, AND NOTING THAT NO
EXCEPTIONS WERE FILED TO CERTAIN PORTIONS OF THE ADMINISTRATIVE LAW
JUDGE'S RECOMMENDED DECISION AND ORDER, THE AUTHORITY HEREBY ADOPTS THE
ADMINISTRATIVE LAW JUDGE'S FINDINGS, /1/ CONCLUSIONS AND RECOMMENDATION.
/2/
ORDER
PURSUANT TO SECTION 2400.2 OF THE RULES AND REGULATIONS OF THE
FEDERAL LABOR RELATIONS AUTHORITY AND SECTION 7135 OF THE FEDERAL
SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, THE AUTHORITY HEREBY ORDERS
THAT THE VETERANS ADMINISTRATION, VA CENTER, LABORATORY SERVICE, TEMPLE,
TEXAS, SHALL:
1. CEASE AND DESIST FROM:
(A) INTERFERING WITH, RESTRAINING, OR COERCING ITS EMPLOYEES IN THE
EXERCISE OF THEIR RIGHTS ASSURED BY THE EXECUTIVE ORDER BY REFUSING TO
PERMIT VALERIE E. GRAVES OR ANY OTHER EMPLOYEE TO ATTEND A NEGOTIATING
MEETING AS A DULY APPOINTED MEMBER OF THE UNION'S NEGOTIATING TEAM; OR
BY IMPOSING ON VALERIE E. GRAVES, OR ANY OTHER EMPLOYEE, BECAUSE OF
UNION ACTIVITY, ANY RESTRICTION ON PERSONAL ACTIVITY NOT UNIFORMLY
REQUIRED OF ALL EMPLOYEES.
(B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING, OR
COERCING EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY EXECUTIVE
ORDER 11491, AS AMENDED.
2. TAKE THE FOLLOWING AFFIRMATIVE ACTION IN ORDER TO EFFECTUATE THE
PURPOSES AND POLICIES OF THE ORDER:
(A) POST AT ITS FACILITIES IN TEMPLE, TEXAS, COPIES OF THE ATTACHED
NOTICE MARKED "APPENDIX" ON FORMS TO BE FURNISHED BY THE AUTHORITY.
UPON RECEIPT OF SUCH FORMS THEY SHALL BE SIGNED BY THE HOSPITAL DIRECTOR
AND SHALL BE POSTED AND MAINTAINED BY HIM FOR 60 CONSECUTIVE DAYS
THEREAFTER, IN CONSPICUOUS PLACES, INCLUDING ALL BULLETIN BOARDS AND
OTHER PLACES WHERE NOTICES TO EMPLOYEES ARE CUSTOMARILY POSTED. THE
HOSPITAL DIRECTOR SHALL TAKE REASONABLE STEPS TO INSURE THAT SUCH
NOTICES ARE NOT ALTERED, DEFACED, OR COVERED BY ANY OTHER MATERIAL.
(B) NOTIFY THE FEDERAL LABOR RELATIONS AUTHORITY, IN WRITING, WITHIN
30 DAYS FROM THE DATE OF THIS ORDER AS TO WHAT STEPS HAVE BEEN TAKEN TO
COMPLY HEREWITH.
IT IS FURTHER ORDERED THAT THE PORTIONS OF THE COMPLAINT FOUND NOT BE
VIOLATIVE OF THE EXECUTIVE ORDER IN ASSISTANT SECRETARY CASE NO.
63-8479(CA) BE, AND THEY HEREBY ARE, DISMISSED.
ISSUED, WASHINGTON, D.C., MARCH 21, 1980
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
APPENDIX
NOTICE TO ALL EMPLOYEES
PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR
RELATIONS AUTHORITY AND IN ORDER TO EFFECTUATE THE
POLICIES OF CHAPTER 71 OF TITLE 5 OF THE UNITED STATES
CODE
FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
WE HEREBY NOTIFY OUR EMPLOYEES THAT:
WE WILL NOT REFUSE TO PERMIT VALERIE E. GRAVES OR ANY OTHER EMPLOYEE
TO ATTEND A NEGOTIATING MEETING AS A DULY APPOINTED MEMBER OF THE
UNION'S NEGOTIATING TEAM; OR IMPOSE ON VALERIE E. GRAVES, OR ANY OTHER
EMPLOYEE, BECAUSE OF UNION ACTIVITY, ANY RESTRICTION ON PERSONAL
ACTIVITY NOT UNIFORMLY REQUIRED OF ALL EMPLOYEES.
WE WILL NOT IN ANY LIKE OR RELATED MATTER INTERFERE WITH, RESTRAIN,
OR COERCE EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY EXECUTIVE
ORDER 11491, AS AMENDED.
(AGENCY OR ACTIVITY)
DATED: . . . BY: . . . (SIGNATURE)
THIS NOTICE MUST REMAIN POSTED FOR 60 CONSECUTIVE DAYS FROM THE DATE
OF POSTING AND MUST NOT BE ALTERED, DEFACED, OR COVERED BY ANY OTHER
MATERIAL.
IF EMPLOYEES HAVE ANY QUESTIONS CONCERNING THIS NOTICE OR COMPLIANCE
WITH ANY OF ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE
REGIONAL DIRECTOR FOR THE FEDERAL LABOR RELATIONS AUTHORITY, WHOSE
ADDRESS IS: DOWNTOWN POST OFFICE STATION, BRYAN AND ERVAY STREETS, P.O.
BOX 2640, DALLAS, TEXAS 75221; AND WHOSE TELEPHONE NUMBER IS: (214)
767-4996.
/1/ IN ADOPTING THE ADMINISTRATIVE LAW JUDGE'S CONCLUSION THAT
SECTION 19(A)(1) WAS VIOLATED BY THE RESPONDENT'S REFUSAL TO PERMIT THE
COMPLAINANT TO ATTEND A PRE-NEGOTIATION MEETING, THE AUTHORITY FINDS IT
UNNECESSARY TO RELY UPON THE ADMINISTRATIVE LAW JUDGE'S FINDING THAT
THIS REFUSAL WAS A "DELIBERATE PLOY" TO INFLUENCE THE CHOICE OF T